Stay on investigation granted by High Court thus held, could only have a bearing on actions of investigating agency and did not affect remanding power of Magistrate

Manubhai Ratilal Patel v. State of Gujarat, (2013) 1 SCC 314
 Constitution of India 
 Arts. 226 and 32 - Habeas corpus - Writ of - Refusal to grant - When proper - Remand to judicial or policy custody by
competent court - Reiterated, habeas corpus petition cannot be entertained when a person is committed to judicial
custody or police custody by competent court by order which prima facie does not appear to be without jurisdiction nor
which is passed in absolutely mechanical manner nor is wholly illegal - Writ court is required to scrutinise legality or
otherwise of order of detention/remand which has been passed - Unless writ court is satisfied that a person has been
committed to jail custody by virtue of order that suffers from vice of lack of jurisdiction or absolute illegality, writ of habeas
corpus cannot be issued - Appellant-accused in present case remanded to custody by Magistrate when there was stay
on further investigation granted by High Court (under S. 482 CrPC) - Refusal to grant writ of habeas corpus by High
Court and consequent validation of custodial remand of accused, held, proper, (2013) 1 SCC 314-A 

 Constitution of India 
 Arts. 226 and 32 - Habeas corpus - Writ of - Meaning, object and prerequisites for grant of - Reiterated, (2013) 1 SCC
314-B 
 Criminal Law 
 Criminal Procedure Code, 1973 
 Ss. 167 & 309 and 155, 156, 157 & 173 - Remand of accused to custody, and investigation - Distinguished - Stay on
investigation granted by High Court thus held, could only have a bearing on actions of investigating agency and did not
affect remanding power of Magistrate, (2013) 1 SCC 314-C 
 Criminal Law 
 Criminal Procedure Code, 1973 
 Ss. 2(h) and 173 - Investigation - Meaning of - Held, it inter alia includes: (1) proceeding to the spot and ascertaining
facts and circumstances of case, (2) tracing out accused, arresting him and ascertaining motive, how preparation was
made for and how offence was committed, other connected persons/accused, if any, (3) collecting evidence by
examining witnesses, search of places connected with offence and seizure of articles connected with crime, and (4)
evaluation of collected materials so that case can be forwarded for trial, etc., (2013) 1 SCC 314-D 
 Criminal Law 
 Criminal Procedure Code, 1973 
 Ss. 167 and 309 - Remand of accused to judicial or police custody - Nature of remand order and duty of Magistrate -
Held, when Magistrate remands accused, it is a fundamentally judicial function and Magistrate does not act in executive
capacity - While performing this judicial function, Magistrate has to satisfy himself that there are reasonable grounds
therefor and that materials placed before him justify remand of accused - While remanding accused, it is obligatory on
part of Magistrate to apply his mind to facts and not to pass remand order in a mechanical manner, (2013) 1 SCC 314-E 

Print Page